HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 5646 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. Heard Shri Rafeeq Ahmad Khan, learned counsel for the appellant, Shri Ankit Kumar Chaurasia, learned counsel for opposite party No. 2, Shri Virendra Pratap Singh, learned AGA for the State and perused the records. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Shubham Yadav with the prayer to set aside the order dated 07.05.2026 passed by the Additional Session Judge / Special Judge (SC/ST Act), Mahoba in Bail Application No. 328 / 2026 (Shubham Yadav Vs. State of U.P.) arising out of Case Crime No.30/2026, under Sections 69, 89, 352, 351(3) B.N.S. and Sections 3(2)5, 3(2)(5Ka), 3(1)(da), 3(1)(dha) S.C./S.T. Act, Police Station Khanna, District Mahoba with a further prayer to release the appellant on bail in the aforesaid case during the pendency of trial. 3. The FIR in the matter was lodged on 09.04.2026 by the victim against the appellant and Anoop, alleging therein that for the last two years, the appellant had been in a relationship with her on the promise of marriage. He established a forcible physical relationship with her, as a result of which she became pregnant. Thereafter, when she pressurized him to marry her, he, on a video call, asked her to consume medicines for abortion. He provided her with the said medicines and, allegedly under his pressure, she consumed it on the video call in his presence, resulting in termination of the pregnancy. When she again insisted upon marriage, the appellant allegedly abused her by using caste-related slurs, refused to marry her and threatened her. 4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present matter. It is submitted that, as per the Versus Counsel for Appellant(s) : Rafeek Ahmad Khan Counsel for Respondent(s) : Ankit Kumar Chaurasia, G.A. Shubham Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) certificate issued by the Chief Medical Officer, the victim is aged about 20 years and is a major. It is submitted that the relationship between the appellant and the victim was consensual on some discussion of marriage which could not be materialize. It is submitted that the chargesheet has been submitted in the matter as stated in para-12 of the affidavit. Learned counsel for the appellant makes a statement at bar that even today, the appellant is ready to marry the victim/first informant provided she is also ready and willing to marry him. It is submitted that the appellant has no criminal history as stated in para-15 of the affidavit. The appellant is in jail since 11.04.2026. 5. Per contra, learned counsels for the State and the first informant opposed the prayer for bail. Learned counsel for the first informant/victim also submits that the victim is still willing to marry the appellant. 6. Learned counsel for the State has filed a counter affidavit, which is taken on record. A rejoinder affidavit thereto has also been filed on behalf of the appellant. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the appellant and the victim were in a relationship. During the subsistence of the said relationship, the victim became pregnant and thereafter consumed some medicines, resulting in termination of the pregnancy. There was also a discussion regarding marriage between the appellant and the victim, which could not be materialized. The investigation has since been concluded and the charge-sheet has been submitted before the competent court. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the appellant may be enlarged on bail. 9. Let the appellant- Shubham Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The appellant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. CRLA No. 5646 of 2026 2 (ii) The appellant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The appellant will not misuse the liberty of bail in any manner whatsoever. In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The appellant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison. 11. Accordingly, the appeal succeeds and the same stands allowed. 12. The impugned order dated 07.05.2026 passed by learned Special Judge SC/ST (P.A.) Act, Mahoba of the aforesaid case is hereby set aside. 13. Pending application (s), if any, shall stand disposed of. September 16, 2026 Mukesh Kr. CRLA No. 5646 of 2026 3 (Samit Gopal,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad